N.M. Stat. § 4-55A-9
Improvement district; provisional order; protest; action in
district court.
A. At the hearing of the board on the provisional order creating an improvement
district, any interested person or owner of property to be assessed for the improvement
may file a written protest or objection questioning the:
(1)
propriety and advisability of constructing the improvement;
(2)
estimated cost of the improvement;
(3)
manner of paying for the improvement; or
(4)
estimated maximum benefit to each individual tract or parcel of land.
B. The board may recess the hearing from time to time so that all protestants may
be heard.
C. Within thirty days after the board, by adoption of a resolution, has:
(1)
concluded the hearing;
(2)
determined:
(a) the advisability of constructing the improvement; and
(b) the type and character of the improvement; and
(3)
created the improvement district; any person who during the hearing filed
a written protest with the board protesting the construction of the improvement may
commence an action in district court to correct or set aside the determination of the
board. After the lapse of thirty days after adoption of the resolution by the board, any
action attacking the validity of the proceedings and the amount of benefit to be derived
from the improvement is perpetually barred. Where no person has filed a written protest
during the hearing and all owners of property to be assessed, upon conclusion of the
hearing submit to the governing body written statements in favor of the creation of the
improvement district for the types and character of improvements indicated in the
provisional order, such owners shall be deemed to have waived their right to bring any
action challenging the validity of the proceedings or the amount of benefit to be derived
from the improvements.